The dismissed student, Rodney Ikgopoleng, through his attorney, Morgan Moseki, of MCM Moseki Attorneys has given the FCE principal and the Attorney General 30 days to reinstate him.
His lawyers intend to institute proceedings before the High Court if that fails.
"Our client was until January 31, 2007 a third and final year at the FCE but was dismissed and or excluded from the college for failing a single English (re-sit) in terms of clause 4.11 (a) of the DPE (Diploma in Primary Education) academic regulations.
"You will see for yourself that a student cannot be excluded from the college for failing a subject but a programme of study," reads Moseki's notice.
Moseki says his client filed his appeal against exclusion with the Board of Affiliation through the principal of the college on March 27, 2007 in terms of clause 11.1 of the regulations but surprisingly and strangely, the principal took no action to date.
Moseki said he served the FCE principal last week Thursday. He believes the deputy principal was under orders not to take the letter.
"Our intern had to leave it on his deputy's table against his will. Our client is therefore not surprised that the principal chose not to send our client's appeal to the chairperson of the board which was perfectly within the client's right. We are at a loss as to why people so highly educated could resort to this kind of tactic," Moseki said.
In a separate letter for the reinstatement of Ikgopoleng, Moseki wrote that in terms of the regulations his client appealed the FCE's decision to the Chairperson of the Board of Affiliation based at the University of Botswana, Gaborone.
He added that Ikgopoleng recently made enquiries at the Board's offices in Gaborone but was shocked to learn that the office knew nothing about the appeal. He reminded them that Ikgopoleng is a student funded by government therefore he would have to pay for his grant.
"If my client's instructions are correct that you never forwarded his appeal to the appropriate office, you should be aware that he is anxious to resume his studies more so that the reasons for his dismissal can best be described as vague and embarrassing indeed for the reason that a student who fails a subject cannot be dismissed from his academic programme but repeat the subject itself," contends Moseki.
He concluded by stating that he would send a copy of his appeal to the Chairperson of the Board of Affiliation for it to decide whether or not to deal with Ikgopoleng's appeal.
Meanwhile, Moseki has revealed that the FCE principal, Sir Wonder Masebola, replied his letter and was adamant that he would not reinstate Ikgopoleng.
When reached for comment the civil division boss at Francistown AG's Chambers office, Tshedukani Elijah, replied that he has seen MCM Moseki Attorneys' notice and he was still familiarising himself with the case.
"I have not been around the office lately and I will have to consult with our clients to take it from there," Elijah said.
